The Defendant is a person who runs a driving school brokerage business under the trade name of “D.”

On October 13, 2017, the Defendant concluded a partnership agreement with the victim by making a false statement to the victim E, “a private teaching institute shall invest 60 million won and operate it together with others, and divide the profits therefrom.”

However, the defendant did not use it to take over a private teaching institute operated with the victim even if he received a partner's money from the injured party, and was thought to use it as the acquisition fund of a private teaching institute operated by the defendant's wife regardless of the above business contract.

The Defendant received 60 million won from the injured party to the Saemaul Treasury account (F) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Grounds for sentencing under Article 347 of the Criminal Act and Article 347 (1) of the same Act concerning the relevant criminal facts;

1. The basic area (from June to one year and six months) of the sentencing criteria [the scope of the recommended punishment] the general fraud category 1 (less than KRW 100 million) (no person subject to special sentencing)

2. The defendant who has been sentenced to a suspended sentence of imprisonment or more severe punishment shall not have the same record;

However, the amount of damage exceeds 60 million won, and only 20 million won has been recovered.

In addition, the defendant is proceeding with the personal workshop of the Credit Counseling and Recovery Commission, and there seems to be difficult to recover damage in the future because there is no registered property in the future.

It is inevitable to sentence a sentence, because the victim wishes to punish him/her, with a large amount of money not restored.

In full view of the aforementioned circumstances, various circumstances, including the motive, background, means, and consequence of the instant crime, the frequency of the crime, the Defendant’s age, sexual conduct, environment, criminal records, and the circumstances after the crime, etc., are considered.